ASSOCIATION OF MAGISTRAL PHARMACISTS

 

PART ONE
ESTABLISHMENT PROVISIONS

 

ARTICLE 1. NAME OF THE ASSOCIATION

ARTICLE 2. HEADQUARTERS OF THE ASSOCIATION

ARTICLE 3. PURPOSE OF THE ASSOCIATION

ARTICLE 4. FIELDS AND FORMS OF WORK TO BE CONDUCTED BY THE ASSOCIATION

ARTICLE 5. DISPOSITIONS THE ASSOCIATION MAY MAKE TO ACHIEVE ITS PURPOSE

ARTICLE 6 FIELD OF ACTIVITY OF THE ASSOCIATION

PART TWO
MEMBERSHIP PROVISIONS

ARTICLE 7. MEMBERSHIP CONDITIONS

ARTICLE 8. TYPES OF MEMBERSHIP

ARTICLE 9. MEMBERSHIP PROCEDURES

ARTICLE 10. RESIGNATION FROM MEMBERSHIP

ARTICLE 11. DISMISSAL PROCEDURES AND APPEAL

 

PART THREE
PROVISIONS REGARDING THE GOVERNING BODIES OF THE ASSOCIATION

ARTICLE 12. GOVERNING BODIES OF THE ASSOCIATION

ARTICLE 13. FORMATION OF THE GENERAL ASSEMBLY OF THE ASSOCIATION

ARTICLE 14. PROCEDURE FOR CONVOCATION OF THE GENERAL ASSEMBLY

ARTICLE 15. MEETING PROCEDURE

ARTICLE 16. DUTIES AND POWERS OF THE GENERAL ASSEMBLY

ARTICLE 17. VOTING AND DECISION-MAKING PROCEDURES OF THE GENERAL ASSEMBLY

ARTICLE 18. EXTRAORDINARY GENERAL ASSEMBLY

ARTICLE 19. RULES AND METHODS FOR BECOMING A CANDIDATE FOR ASSOCIATION BODIES

ARTICLE 20. FORMATION OF THE BOARD OF DIRECTORS

ARTICLE 21. WORKING PRINCIPLES OF THE BOARD OF DIRECTORS

ARTICLE 22. DUTIES AND POWERS OF THE BOARD OF DIRECTORS

ARTICLE 23. ESTABLISHMENT OF THE AUDIT BOARD

ARTICLE 24. DUTIES AND POWERS OF THE AUDIT BOARD

 

PART FOUR
FINANCIAL PROVISIONS

ARTICLE 25. OPERATIONAL PERIOD AND BUDGET

ARTICLE 26. REVENUE SOURCES OF THE ASSOCIATION

ARTICLE 27. INCOME AND EXPENSE DOCUMENTS OF THE ASSOCIATION

ARTICLE 28. BOOKS TO BE KEPT

ARTICLE 29. BOOKKEEPING PRINCIPLES

ARTICLE 30. CERTIFICATION OF BOOKS

ARTICLE 31. PREPARATION OF INCOME STATEMENT AND BALANCE SHEET

 

PART FIVE
NOTIFICATION OBLIGATIONS

ARTICLE 32. GENEL KURUL SONUÇ BİLDİRİMİ

ARTICLE 33. SUBMISSION OF DECLARATION

ARTICLE 34. NOTIFICATION OF REAL ESTATE PROPERTIES

ARTICLE 35. NOTIFICATION OF RECEIVING FOREIGN AID

ARTICLE 36. NOTIFICATION OF PROJECTS CARRIED OUT JOINTLY WITH PUBLIC INSTITUTIONS AND ORGANIZATIONS

ARTICLE 37. NOTIFICATION OF CHANGES

ARTICLE 38. NOTIFICATION OF DISSOLUTION OF THE ASSOCIATION

 

PART SIX
OTHER PROVISIONS

ARTICLE 39. PROCEDURES FOR BORROWING BY THE ASSOCIATION

ARTICLE 40. PUBLICATIONS OF THE ASSOCIATION

ARTICLE 41. HOW THE BYLAWS WILL BE AMENDED

 

ARTICLE 42. DISSOLUTION OF THE ASSOCIATION

ARTICLE 43. LIQUIDATION OF THE ASSOCIATION’S ASSETS

ARTICLE 44. ESTABLISHMENT OF BRANCHES OF THE ASSOCIATION

ARTICLE 45. ABSENCE OF PROVISIONS

 

PART ONE
ESTABLISHMENT PROVISIONS

ARTICLE 1. NAME OF THE ASSOCIATION:

1.1. Name of the Association:Majistral Eczacıları Derneği

ARTICLE 2. HEADQUARTERS OF THE ASSOCIATION:

2.1. The headquarters of the Association is KONYA. The Association may open branches domestically and abroad.

ARTICLE 3. PURPOSE OF THE ASSOCIATION:

3.1. The Association is established to be managed in accordance with the laws and the provisions of these bylaws, and to carry out activities in line with its purpose and areas of service. Public benefit has priority in its activities.

3.2. The Association was established to ensure the activation and development of Compounding (Magistral) Production activities, which are the art of the pharmacist; to organize all types of educational activities for pharmacists and physicians; and to support pharmacists and pharmaceutical organizations working in this field.

 

ARTICLE 4. FIELDS AND FORMS OF ACTIVITY TO BE CONDUCTED BY THE ASSOCIATION:

4.1. To conduct research aimed at enhancing and developing its activities,

4.2. To organize educational activities such as national and international courses, seminars, conferences, symposiums, congresses, and panels,

4.3. To obtain the necessary information, documents, and publications required for the realization of its purpose; to establish a documentation center; and to publish periodicals and non-periodicals such as newspapers, e-newspapers, magazines, books, and bulletins in line with its objectives to announce its activities and distribute them to its members,

4.4. To ensure a healthy working environment for the realization of its purpose, and to procure all kinds of technical equipment, fixtures, and stationery supplies,

4.5. To engage in fundraising activities, provided that the necessary permits are obtained, and to accept donations from home and abroad,

4.6. To establish and operate economic, commercial, and industrial enterprises to generate the income required for the realization of its statutory purposes,

4.7. To open a social facility for the use of its members and for their leisure time, to establish social and cultural facilities, and to furnish them,

4.8. To organize social gatherings such as dinners, concerts, balls, theatrical performances, exhibitions, sports events, trips, and entertainment activities to enhance and maintain interpersonal relations among its members, or to enable its members to benefit from such activities,

4.9. To buy, sell, lease, rent movable and immovable properties required for the association’s activities, and to establish real rights on immovable properties,

4.10. To establish foundations, set up federations, or join an existing federation domestically and abroad if deemed necessary for the realization of its purpose, and to establish facilities that associations are permitted to set up upon obtaining the necessary permits,

4.11. To carry out international activities, to become a member of associations or organizations abroad, and to cooperate or collaborate with these organizations,

4.12. To conduct joint projects with public institutions and organizations on subjects falling within their fields of activity, if deemed necessary for the realization of its purpose, without prejudice to the provisions of Law No. 5072 on the Relations of Associations and Foundations with Public Institutions and Organizations,

4.13. To establish a mutual assistance fund (sandık) to meet the essential needs of association members, such as food and clothing, as well as their requirements for other goods, services, and short-term credit,

4.14. To open branches and representative offices in locations deemed necessary for carrying out the association’s activities,

4.15. To initiate legal proceedings or become a party to litigation on a national and international level in pursuit of rights and interests aligned with its objectives,

4.16. To establish platforms with other associations, foundations, trade unions, and similar civil society organizations in areas related to the association’s purpose and not prohibited by law, in order to achieve a common goal,

4.17. To engage in any activity that is required for the realization of its purpose and is not prohibited by law.

ARTICLE 5. LEGAL TRANSACTIONS AND DISPOSITIONS THE ASSOCIATION MAY UNDERTAKE TO ACHIEVE ITS OBJECTIVES:

5.1. To achieve its objectives, the Association is authorized and empowered to acquire and use movable and immovable properties, or all kinds of goods, assets, and estates consisting of both, without limitation as to amount or value except as provided by law, by way of donation, bequest, testamentary disposition, purchase, or lease; to sell, transfer, or assign its holdings; to collect or expend their revenues and profits; to invest one or more real properties or revenues belonging to the Association’s assets on one or multiple occasions; to manage, dispose of, and spend movable and immovable properties and funds acquired through donation, bequest, or other testamentary disposition, provided that they are not contrary to the Association’s objectives and are earmarked partially or fully for those objectives; to purchase, sell, collect revenues from, and spend the proceeds of shares, usufruct certificates, bonds, or other documents representing shares or expressing an existing or future right or claim, and all share certificates and their coupons; to cooperate with organizations operating in fields similar to the Association’s objectives; to receive assistance from foundations and enter into agreements with them to secure such assistance when necessary; to participate in a company with its cash funds or assets belonging to the Association to increase revenues to be spent on its objectives, and to spend the dividend or profit shares accruing to it; to accept and exercise limited in rem rights other than full ownership, such as usufruct and rights of habitation on real properties; to accept all types of security, including pledges on movable or immovable properties, for contractual relationships to be established with its existing or future revenues, and to accept valid bank guarantees; to borrow money when necessary to realize the Association’s objectives, to mortgage its movable and immovable properties, and to provide other collateral; and in summary, to execute all initiatives, dispositions, acquisitions, contracts, and transactions deemed useful and necessary for the realization of one or all of the Association’s objectives.

ARTICLE 6. THE ASSOCIATION’S FIELD OF ACTIVITY:

6.1. The Association operates domestically and internationally to contribute to the development of compounded medicines (magistral compounding).

SECTION TWO
MEMBERSHIP PROVISIONS

ARTICLE 7. CONDITIONS OF MEMBERSHIP:

7.1. In accordance with the conditions prescribed by the Law on Associations, any natural or legal person who has full legal capacity, faces no legal disqualification, adopts the objectives and principles of the Association, agrees to work toward them, and meets the statutory requirements—specifically those who have received or are currently receiving pharmacy education—shall have the right to become a member of the Association. However, for foreign natural persons to become members, they must also possess the right of residence in Türkiye.

7.2. For honorary members, the requirement of having received or currently receiving pharmacy education shall not apply.

ARTICLE 8. TYPES OF MEMBERSHIP:

The types of membership of the Association, along with the rights and obligations of its members, are as follows:

8.1. FULL MEMBER: Full members of the Association consist of the founders and persons who are admitted to membership by the Board of Directors upon application, assuming all obligations inherent to membership and enjoying member rights. A member’s rights include standing as a candidate for any position and voting, provided the necessary qualifications are met. Their obligations include participating in established or future working units, activities, and General Assembly meetings, paying dues on time, and carrying out the required activities in line with the Association’s objectives and service topics.

8.2. HONORARY MEMBER: Persons who are respected leaders in society and have conducted or are capable of conducting suitable work in line with the Association’s objectives and service topics, as well as those who have provided significant financial or moral support to the Association, may be admitted as honorary members upon the proposal of two members and the decision of the Board of Directors. Honorary members do not have the right to vote or stand for election. They are not required to pay membership dues.

8.3. Full members who have been members for at least 10 years, have no outstanding dues debt, and have reached the age of 65 shall transition to honorary membership; their right to vote and stand for election shall continue, while their obligation to pay membership dues shall be waived.

ARTICLE 9. MEMBERSHIP PROCEDURES:

The procedures for Association membership are set forth below:

9.1. Candidates wishing to become members of the Association shall complete the membership application form stating that they accept the Association’s objectives, service topics, and Bylaws, sign it with a wet signature, pay the first year’s membership dues, and submit it to the Board Presidency along with the other specified documents.

9.2. The Board of Directors of the Association shall decide on the candidate’s request in the form of acceptance or rejection within 30 days starting from the date of receipt by the Association, and the result shall be notified to the applicant in writing.

9.3. Membership becomes final upon the decision of the Board of Directors.

9.4. An appeal may be lodged with the General Assembly against a decision of the Association’s Board of Directors rejecting a candidate’s application.

9.5. The member whose application is accepted shall be recorded in the register kept for this purpose.

9.6. When the number of branches of the Association exceeds three, the membership records of those registered at the headquarters shall be transferred to the branches. New membership applications shall be submitted to the branches. Admission to membership and removal from membership shall be executed by the branch boards of directors and notified to the Headquarters in writing within thirty days at most.

 

ARTICLE 10. MEMBERSHIP WITHDRAWAL PROCEDURES:

 

10.1. Membership terminates upon death or an application for resignation. Every member is considered to have resigned from membership by notifying the Association Presidency of their request to withdraw in writing at any time. A member who resigns or is expelled from the Association is required to pay membership dues for the period during which they remained a member.

 

ARTICLE 11. EXPULSION FROM MEMBERSHIP AND APPEAL:

11.1. In the event that one of the conditions specified below is determined, the decision for expulsion from full or honorary membership shall be taken by the Association’s Board of Directors:

*Acting in violation of the Association’s bylaws,

*Continuously avoiding assigned duties,

* Failing to pay membership dues within six months despite written warnings,

*Failing to comply with decisions made by the Association’s organs.

*Having lost the qualifications required for membership,

11.2. The expelled member may appeal against the notified decision to the General Assembly through the Association’s Board of Directors within 15 days starting from the date of notification. The appeal shall be discussed and resolved at the first General Assembly meeting. The member’s rights and obligations shall continue until the appeal is decided upon.

11.3. If the member fails to appeal within the specified period or if the appeal is rejected by the General Assembly, the Association’s Board of Directors shall strike the member’s name from the register. The expelled member’s right to appeal to the court against the decision within one month starting from the date of the General Assembly meeting is reserved.

11.4. Except in the case of a deceased member, if the remaining membership dues of a resigning or expelled member are not fully paid, the Association’s Board of Directors may resort to legal remedies.

11.5. Those who resign or are expelled from the Association shall be struck from the membership register and cannot claim any rights over the Association’s assets.
 

 

 

SECTION THREE
PROVISIONS REGARDING THE ORGANS OF THE ASSOCIATION

 

ARTICLE 12. BODIES OF THE ASSOCIATION:

12.1. The bodies of the Association are as follows:

*General Assembly of the Association

*Board of Directors of the Association

*Supervisory Board of the Association

ARTICLE 13. CONSTITUTION AND MEETING PROCEDURES OF THE GENERAL ASSEMBLY OF THE ASSOCIATION:

13.1. The General Assembly is the highest decision-making body of the Association and consists of its registered members. In the event that branches of the Association are established, provided the number of branches is up to three, it shall consist of the registered members of both the headquarters and the branches; should the number of branches exceed three, the registered members at the headquarters shall be transferred to the branches, and the General Assembly shall consist of delegates elected at the general assemblies of the branches.

13.2. The General Assembly;

*Ordinarily at the time specified in these Bylaws,

*The Ordinary General Assembly shall convene once every 3 (three) years in December, on a date, at a time, and at a place to be determined by the Board of Directors.

*Shall convene for an extraordinary meeting within thirty days when deemed necessary by the Board of Directors or the Supervisory Board, or upon the written request of one-fifth of the members of the Association.

13.3. The General Assembly shall be convened by the Board of Directors.

13.4. Should the Board of Directors fail to convene the General Assembly, upon the application of any member, the Civil Judge of Peace shall appoint three members to convene the General Assembly.

ARTICLE 14. PROCEDURE FOR CONVENING THE GENERAL ASSEMBLY:

14.1. The Board of Directors shall prepare the list of members entitled to attend the General Assembly in accordance with the Bylaws of the Association. The members entitled to attend the General Assembly shall be invited to the meeting at least fifteen days in advance by announcing the date, time, venue, and agenda in a newspaper or on the website of the Association, or by notifying them in writing or via electronic mail.

This invitation shall also specify the date, time, and venue of the second meeting in the event that the initial meeting cannot be convened due to a failure to achieve a quorum. The period between the first meeting and the second meeting shall not be less than seven days nor more than sixty days.

14.2. If the meeting is postponed for any reason other than a failure to achieve a quorum, this situation, along with the reasons for the postponement, shall be announced to the members in accordance with the invitation procedure applied for the first meeting. The second meeting must be convened no later than six months from the date of postponement. Members shall be re-invited to the second meeting in accordance with the principles set forth in the first paragraph.

14.3. The General Assembly meeting shall not be postponed more than once.

 

ARTICLE 15. MEETING PROCEDURE:

 

15.1. General Assembly meetings of the Association shall be held on the date, at the time, and at the venue to be determined by the Board of Directors and specified in the announcement.

15.2. Ordinary and extraordinary General Assembly meetings shall convene with the absolute majority of the members entitled to attend; however, in the event of an amendment to the bylaws or the dissolution of the Association, the participation of two-thirds of such members shall be required. If the meeting is postponed due to a failure to achieve a quorum, a quorum shall not be required for the second meeting; provided, however, that the number of members attending this second meeting shall not be less than twice the total number of members of both the Board of Directors and the Supervisory Board.

15.3. The list of members entitled to attend the General Assembly shall be made available at the meeting venue. The official identification documents of the members entering the meeting venue shall be checked by the members of the Board of Directors or by personnel appointed by the Board of Directors. Members shall enter the meeting venue by signing opposite their names on the prepared list.

15.4. If a quorum is achieved, this fact shall be recorded in minutes, and the meeting shall be opened by the Chairman of the Board of Directors or by a member of the Board of Directors designated by the Chairman. In the event that a quorum cannot be achieved, minutes shall also be prepared by the Board of Directors.

15.5. Following the opening, a presiding board shall be constituted by electing a chairman, a sufficient number of vice-chairmen, and a secretary to preside over the meeting. The management of the meeting shall rest with the Chairman of the Presiding Board. The secretaries shall prepare the minutes of the meeting and sign them jointly with the Chairman.

15.6. In the voting to be held for the election of the bodies of the Association, it is mandatory for the voting members to present their identification to the presiding board and to sign opposite their names on the attendance list.

15.7. The management of the meeting and the maintenance of its security shall rest with the Chairman of the Presiding Board.

15.8. At the General Assembly, only the items on the agenda shall be discussed. However, it is mandatory to add to the agenda any matters whose discussion is requested in writing by one-tenth of the members present at the meeting.

15.9. Each member shall have one vote at the General Assembly; members must cast their votes in person. Honorary members may attend the General Assembly meetings but shall not be entitled to vote. In the event that a legal entity is a member, the chairman of its board of directors or an individual designated to represent it shall cast the vote.

15.10. The matters discussed and the decisions taken at the meeting shall be recorded in the minutes and signed jointly by the Chairman of the Presiding Board and the secretaries. At the conclusion of the meeting, the minutes and other documents shall be delivered to the Chairman of the Board of Directors. The Chairman of the Board of Directors shall be responsible for preserving these documents and delivering them to the newly elected Board of Directors within seven days.

ARTICLE 16. DUTIES AND POWERS OF THE GENERAL ASSEMBLY:

16.1. The following matters shall be discussed and resolved by the General Assembly.

*To elect the bodies of the Association.

*To amend the Bylaws of the Association.

* To discuss the reports of the Board of Directors and the Supervisory Board, and to discharge the Board of Directors and the Supervisory Board.

*To discuss the budget prepared by the Board of Directors and to approve it as presented or with amendments.

*To authorize the Board of Directors to purchase, sell, establish, or discharge mortgages on immovable properties necessary for the Association, and to transfer and donate properties.

*To review the regulations to be prepared by the Board of Directors concerning the activities of the Association, and to approve them as presented or with amendments.

*To determine the remuneration, as well as all kinds of allowances, travel expenses, and compensations to be paid to the chairmen and members of the Board of Directors and the Supervisory Board who are not public officials, and to determine the amounts of daily allowances and travel expenses to be paid to the members assigned to perform services for the Association.

*To authorize the Board of Directors to establish associations, foundations, unions, federations, and similar organizations with purposes similar to those of the Association, to join them, or to participate in them as a founder.

*To examine and resolve the appeals of the members expelled from the Association.

*To dissolve the Association.

*To decide on the Association engaging in international activities, and joining or withdrawing from associations and organizations abroad as a member.

*To examine and resolve other proposals of the Board of Directors.

*To carry out the affairs and exercise the powers not delegated to any other body of the Association, as the supreme body of the Association.

*To perform other duties specified to be carried out by the General Assembly in the relevant laws and regulations and in the Bylaws of the Association.

*To decide on the opening of branches of the Association and to authorize the Board of Directors to carry out the procedures related to the branch decided to be opened,

16.2. The General Assembly supervises the other bodies of the Association and may dismiss them at any time for just cause. The General Assembly makes the final decision in the event of an appeal concerning admission to or expulsion from membership. As the supreme body of the Association, it carries out the affairs and exercises the powers not delegated to any other body of the Association.

ARTICLE 17. VOTING AND DECISION-MAKING PROCEDURES OF THE GENERAL ASSEMBLY:

 

17.1. Each principal member has one vote in the General Assembly. Members who have not paid their membership dues up to the date of the General Assembly cannot vote in the General Assembly.

17.2. In the General Assembly, unless decided otherwise, the elections of the members of the Board of Directors and the Supervisory Board are conducted by secret ballot, while decisions on other matters are determined by open vote. Secret votes are those collected by members depositing papers or ballots, which have been sealed by the chairman of the meeting, into an empty receptacle after marking them as required, and which are openly counted after the voting is concluded.

17.3. In an open vote, the method specified by the president of the General Assembly shall be applied. General Assembly decisions shall be taken by a simple majority of the members attending the meeting. Provided, however, that decisions on bylaws amendments and the dissolution of the association can only be taken by a two-thirds majority of the members attending the meeting.

17.4. Decisions taken by the written participation of all members without convening, and decisions taken by all members of the association gathering together without complying with the convocation procedure specified in these Bylaws, are valid. Taking decisions in this manner does not substitute for an ordinary meeting.

ARTICLE 18. EXTRAORDINARY GENERAL ASSEMBLY:

The Extraordinary General Assembly shall be called to a meeting by the Board of Directors within one month at the latest, in accordance with the rules set forth below, concerning important and mandatory matters where it is not possible to wait until the Ordinary General Assembly Meeting or where it is deemed beneficial to discuss them as soon as possible.

18.1. Upon the written and signed request of 1/5 of the members,

18.2. Upon a decision taken by the Board of Directors with a 2/3 majority vote on matters it deems necessary,

18.3. Upon a unanimous decision taken by the Supervisory Board concerning the account transactions and the budget of the Association,

18.4. The Extraordinary General Assembly meeting shall be held in accordance with the procedures and principles of the Ordinary General Assembly Meeting, and only the matter that gave rise to the meeting shall be discussed and resolved.

ARTICLE 19. RULES AND PROCEDURES FOR CANDIDACY TO THE BODIES OF THE ASSOCIATION:

Those who wish to be candidates for the bodies of the Association may run individually or as a list. Depending on the number of members of the body being elected, the principal and substitute members are determined starting from the candidate or list receiving the highest number of votes as a result of the voting.

ARTICLE 20. COMPOSITION OF THE BOARD OF DIRECTORS:

20.1. The Chairman of the Board of Directors is the President of the Association. The President is elected by the Board of Directors from among the principal members by a vote at the first meeting. The President represents the Association. In the absence of the President, the 1st Vice President, and if they are also absent, the 2nd Vice President, assumes the presidency. When necessary, the President issues written or verbal statements or makes announcements on behalf of the Association.

20.2. The Board of Directors is elected by the General Assembly as 5 principal and 5 substitute members, including the President. It is ensured that each member, including the substitutes, is a graduate of a faculty of pharmacy.

20.3. The Board of Directors determines the president, vice president, secretary, treasurer, and member by making a division of duties through a decision at its first meeting following the election.

20.4. The term of office is 3 (three) years. In the event of a vacancy among the principal members, the substitute members in line must be called to duty within six days.

20.5. The Board of Directors may be called to a meeting at any time, provided that all members are notified. It convenes with the presence of one more than half of the total number of members. Decisions are taken by an absolute majority of the total number of members attending the meeting.

20.6. In the event of a vacancy among the principal members of the Board of Directors due to resignation or other reasons, it is mandatory to call the substitute members to duty in the order of the votes they received at the General Assembly.

20.7. If the number of members of the Board of Directors falls below half of the total number of members after the substitute members have been called to duty due to vacancies, the General Assembly shall be called to an extraordinary meeting within one month for a new election.

 

ARTICLE 21. WORKING PRINCIPLES OF THE BOARD OF DIRECTORS:

21.1. At its first meeting, the Board of Directors elects a president, two vice presidents, a secretary general, and a treasurer by a method it shall determine. The oldest member of the Board of Directors presides over the first meeting.

21.2. The Board of Directors determines the working areas and authorities of the vice presidents, secretary general, and treasurer.

21.3. The principal duties of the secretary general are to prepare the agenda of the Board of Directors, to implement its decisions, and to ensure the execution of the office services of the Association. The treasurer is the authorized official of the Association in financial matters.

21.4. The Board of Directors convenes without notice at a previously agreed upon day and time, once every six months or whenever it deems necessary, with the presence of one more than half of its total number of members.

21.5. Decisions are taken by an absolute majority of the total number of members.

21.6. A member who fails to attend three consecutive meetings without a valid excuse is deemed to have resigned.

ARTICLE 22. DUTIES AND POWERS OF THE BOARD OF DIRECTORS:

 

22.1. The Board of Directors, which is responsible for the realization of the activities to be carried out by the Association, fulfills the following matters.

*To represent the Association or to authorize one or more of its members in this regard.

* To decide on the admission of members to the association or their removal from membership.

* To carry out the transactions related to the income and expenditure accounts, to prepare the budget for the upcoming term and submit it to the General Assembly, and to ensure the implementation of the budget.

* To prepare the regulations regarding the activities of the Association and submit them to the approval of the General Assembly.

* To enable and permit the establishment of working committees and project groups where deemed necessary, and to create funds for them.

* To decide on the assignment of Association members when required by the activities of the Association and to determine the authorities of these individuals.

* To appoint the personnel of the Association and, when necessary, to dismiss them.

* To prepare the operating account statement or the balance sheet and income statement of the Association at the end of each operating year, together with the report explaining the activities of the Board of Directors, and to present them to the General Assembly when it convenes.

* With the specific authorization granted by the General Assembly for each of them, to purchase movable and immovable property, to sell movable and immovable property belonging to the Association, to have buildings or facilities constructed, to enter into lease agreements, and to establish pledges, mortgages, or real rights in favor of the Association.

* To decide on the establishment of partnerships, economic enterprises, foundations, and mutual aid funds, or to participate in those already established or to be established.

* To engage in international activities, to become a member of associations or organizations abroad, to carry out joint activities or cooperate with these organizations on a project basis, to develop projects in order to benefit from domestic and foreign funding sources, to establish project partnerships, or to participate in existing projects.

* With the authority granted by the General Assembly, to ensure the execution of the procedures related to the opening of branches,

* To ensure the inspection of the branches of the Association,

* To ensure the implementation of the budget,

* To submit to the General Assembly the objections to the decisions regarding the removal from membership of a member who acts contrary to the Association’s Bylaws.

* To call the General Assembly to an extraordinary meeting when necessary.

* To implement the decisions taken by the General Assembly.

* To take and implement all kinds of decisions to realize the purpose of the Association.

* To perform other duties and exercise the powers granted to it by the legislation.

* To decide to make written and verbal statements to the press and the public on behalf of the Association.

* The Board of Directors is authorized to make decisions on any matter not otherwise specified in the Bylaws, provided that they are not contrary to the Law on Associations and its regulations.

ARTICLE 23. COMPOSITION OF THE AUDIT BOARD:

 

23.1. The Audit Board is elected by the General Assembly as 3 (three) principal and 3 (three) substitute members. Its term of office is three years.

23.2. In the event of a vacancy in the principal membership of the Audit Board due to resignation or other reasons, the substitute members are called to duty within 6 days at the latest, according to the order of the majority of votes received at the General Assembly.

Internal audit:

23.3. Internal audits within the Association may be conducted by the General Assembly, the Board of Directors, or the Audit Board, or independent audit organizations may also be commissioned to perform the audit. The fact that an audit has been conducted by the General Assembly, the Board of Directors, or independent audit organizations does not eliminate the obligation of the Audit Board.

ARTICLE 24. DUTIES AND POWERS OF THE AUDIT BOARD:

24.1. It inspects whether the Association operates in accordance with the purposes stated in its Bylaws and the fields of activity specified to be pursued for the realization of these purposes, and whether the books, accounts, and records are kept in compliance with the legislation and the Association’s Bylaws, at any time and at intervals not exceeding one year, and submits the results of the inspection in a report to the Board of Directors.

24.2. It submits the final account status to the General Assembly in a report.

24.3. It applies to the Board of Directors to call the General Assembly to a meeting when necessary, and if the meeting does not take place, it applies to the local civil court of peace.
PART FOUR
FINANCIAL PROVISIONS

ARTICLE 25. WORKING PERIOD AND BUDGET:

25.1. The budget period of the Association begins on January 1 and ends on December 31. The financial reports submitted to the General Assembly cover the budget period as well as the period up to the date the General Assembly is held.

25.2. The budget of the Association consists of the budget regulation and the income and expense schedules. The budget regulation specifies matters such as expenditure authorities and authorized personnel, methods of revenue collection, documents related to expenses and expenditures, the amount of cash to be kept on hand, and the authorities for making transfers between sections and items.

25.3. COMMERCIAL ENTERPRISE REVENUES:

* Revenues obtained from tea and dinner meetings, excursions and entertainment, performances, concerts, sports competitions, conferences and similar activities organized by the Association, as well as from the operation of recreational areas, libraries, clubhouses, and facilities.

* Profits generated from commercial activities engaged in by commercial enterprises and partnerships established by the Association in order to secure the income required to realize its purpose.

* Revenues from advertisements received for all kinds of publications to be sold or distributed, such as magazines, bulletins, etc.

* Revenues obtained from all kinds of activities required by the Bylaws to realize the purpose of the Association.

* Revenues obtained from the operation or leasing of the Association’s movable and immovable properties and rights, as well as revenues from securities.

* Interest and other similar revenues.

 

 

ARTICLE 26. SOURCES OF INCOME OF THE ASSOCIATION:

The sources of income of the Association are listed below.

26.1. MEMBERSHIP DUES: An entrance fee of 750 TL and an annual fee of 375 TL are collected from the members. The Board of Directors is authorized to determine these amounts and to increase or decrease them. The Board of Directors announces its decision on this matter to the members.

26.2. BRANCH DUES: To cover the general expenses of the Association, 50% of the membership dues collected by the branches is sent to the headquarters every six months,

26.3. DONATIONS: Donations and contributions made voluntarily to the Association by natural and legal persons. Donations and contributions to be collected in accordance with the provisions of the legislation on fundraising.

ARTICLE 27. INCOME AND EXPENSE DOCUMENTS OF THE ASSOCIATION:

27.1. Association revenues are collected with a “Receipt” (a sample of which is found in Annex-17 of the Associations Regulation). In the event that the association’s revenues are collected through banks, documents such as bank slips or account statements issued by the bank serve as a receipt.

27.2. Association expenses are made using expenditure documents such as invoices, retail sales receipts, and self-employment receipts. However, for the association’s payments falling within the scope of Article 94 of the Income Tax Law, an expense slip is issued in accordance with the provisions of the Tax Procedure Law, and for payments not falling within this scope, an “Expense Receipt” (a sample of which is found in Annex-13 of the Associations Regulation) is issued.

27.3. Free deliveries of goods and services to be made by the Association to individuals, institutions, or organizations are carried out using an “In-Kind Aid Delivery Certificate” (a sample of which is found in Annex-14 of the Associations Regulation). Free deliveries of goods and services to be made to the Association by individuals, institutions, or organizations are accepted using an “In-Kind Donation Receipt” (a sample of which is found in Annex-15 of the Associations Regulation).

Receipt Documents:

The “Receipt Documents” to be used in the collection of association revenues (in the format and size shown in Annex-17 of the Associations Regulation) are printed by a printing house upon the decision of the Board of Directors.

Matters concerning the printing and control of the receipt documents, receiving them from the printing house, recording them in the ledger, the handover between the former and new treasurers, the use of these receipt documents by the person or persons authorized to collect revenue on behalf of the association, and the handing over of the collected revenues are handled in accordance with the relevant provisions of the Associations Regulation.

Certificate of Authorization:

The person or persons who will collect revenue on behalf of the association are determined by a decision of the board of directors, which must also specify the duration of the authorization. The “Certificate of Authorization” (a sample of which is found in Annex-19 of the Associations Regulation), containing the clear identity, signature, and photographs of the individuals who will collect the revenue, is prepared in three copies by the association and approved by the president of the association. A copy of each certificate of authorization is submitted to the associations units. Changes regarding the certificate of authorization are reported to the associations unit by the president of the association within fifteen days.

Persons who will collect revenue on behalf of the association may only begin collecting revenue after a copy of the certificate of authorization issued in their name has been submitted to the associations unit.

Matters concerning the use, renewal, return, and other aspects of the certificate of authorization are handled in accordance with the relevant provisions of the Associations Regulation.

Retention Period for Income and Expense Documents:

Excluding the ledgers, the receipt documents, expenditure documents, and other documents used by the association are retained for a period of 5 years in accordance with the numerical and chronological order in the ledgers in which they are recorded, without prejudice to the periods specified in special laws.

ARTICLE 28. BOOKS TO BE KEPT:

28.1. The following books are kept in the Association.

A) The books to be kept on an operating account basis and the principles to be followed are as follows:

Resolution Book: The decisions of the board of directors are written in this book in order of date and number, and the decisions are signed by the members attending the meeting.

Member Registration Book: The identity information of those who join the association as members, as well as their dates of entry and exit from the association, are recorded in this book. The amounts of the entrance and annual dues paid by the members may be recorded in this book.

Document Registration Book: Incoming and outgoing documents are recorded in this book with their date and sequence number. The originals of incoming documents and copies of outgoing documents are filed. Documents received or sent via e-mail are printed out and retained.

Operating Account Book: The revenues received and expenses made on behalf of the association are clearly and regularly recorded in this book.

Receipt Document Registration Book: The serial and sequence numbers of the receipt documents, the names, surnames, and signatures of those who receive and return these documents, and the dates they received and returned them are recorded in this book.

Fixture Book: The date and method of acquisition of the fixtures belonging to the association, the places where they are used or assigned, and the removal from the records of those that have completed their useful life are recorded in this book.

It is not mandatory to keep the Receipt Document Registration Book and the Fixture Book.

B) The books to be kept on a balance sheet basis and the principles to be followed are as follows:

* The books listed in subparagraphs 1, 2, 3, and 6 of clause (a) are also kept in the event that books are kept on a balance sheet basis.

* Journal and General Ledger: The procedure for keeping these books and the method of recording are carried out in accordance with the principles of the Tax Procedure Law and the General Communiqués on Accounting System Application published based on the authority granted to the Ministry of Finance by this Law.

ARTICLE 29. BOOKKEEPING PRINCIPLES:

29.1. In the association, books are kept on an operating account basis. However, in the event that the annual gross income exceeds the limit specified in Article 31 of the Associations Regulation, books shall be kept on a balance sheet basis starting from the following accounting period.

29.2. In the event of a transition to the balance sheet basis, if it falls below the limit specified above for two consecutive accounting periods, a return to the operating account basis may be made starting from the following year. Regardless of the limit specified above, books may be kept on a balance sheet basis by a decision of the board of directors.

29.3. In the event that a commercial enterprise of the association is opened, books are kept separately for this commercial enterprise in accordance with the provisions of the Tax Procedure Law.

Recording Procedure: The books and records of the association are kept in accordance with the procedures and principles specified in the Associations Regulation.

ARTICLE 30. CERTIFICATION OF BOOKS:

30.1. The books that are mandatory to be kept in the association (excluding the General Ledger) are certified by the Provincial Directorate of Relations with Civil Society or a notary public before they are used. The use of these books continues until their pages run out, and no interim certification is performed for the books. However, the Journal kept on a balance sheet basis must be recertified every year in the last month preceding the year of its use.

ARTICLE 31. PREPARATION OF INCOME STATEMENT AND BALANCE SHEET:

31.1. In the event that records are kept on an operating account basis, an “Operating Account Statement” (specified in Annex-16 of the Associations Regulation) is prepared at the end of the year (December 31). In the event that books are kept on a balance sheet basis, a balance sheet and an income statement are prepared at the end of the year (December 31) based on the General Communiqués on Accounting System Application published by the Ministry of Finance.
 

 

 

 

PART FIVE
NOTIFICATION OBLIGATIONS

ARTICLE 32. NOTIFICATION OF GENERAL ASSEMBLY RESULTS:

32.1. Within thirty days following the ordinary or extraordinary general assembly meetings, the “General Assembly Results Notification” (presented in Annex-3 of the Associations Regulation), containing the principal and substitute members elected to the board of directors, the supervisory board, and other organs, along with its annexes, is submitted to the local administrative authority by the chairman of the board of directors. To the general assembly results notification;

32.2. A copy of the general assembly meeting minutes signed by the chairman of the council, vice-chairmen, and secretary general,

32.3. If an amendment has been made to the bylaws, the new and old versions of the amended articles, along with a copy of the final version of the association’s bylaws with each page signed by the board of directors, are attached.

ARTICLE 33. SUBMISSION OF THE DECLARATION:

33.1. The “Association Declaration” (presented in Annex-21 of the Associations Regulation), regarding the association’s activities of the previous year and the year-end results of its income and expense transactions, is filled out by the board of directors and submitted by the chairman of the association to the local administrative authority within the first four months of each calendar year.

ARTICLE 34. NOTIFICATION OF IMMOVABLE PROPERTY:

34.1. The immovable properties acquired by the association are notified to the local administrative authority within thirty days from their registration in the land registry by filling out the “Immovable Property Declaration” (presented in Annex-26 of the Associations Regulation).

ARTICLE 35. NOTIFICATION OF RECEIVING AID FROM ABROAD:

35.1. In the event that aid is to be received from abroad by the association, the “Notification of Receiving Aid from Abroad” (specified in Annex-4 of the Associations Regulation) is filled out in duplicate and submitted to the local administrative authority before the aid is received.

35.2. A copy of the board of directors’ decision taken regarding the receipt of aid from abroad, protocols, contracts, and similar documents prepared on this matter, if any, as well as a copy of the receipt, bank statement, and similar documents related to the account to which the aid was transferred, are also attached to the notification form.

35.3. It is mandatory to receive cash aid through banks and to fulfill the notification requirement before it is used.

ARTICLE 36. NOTIFICATION OF PROJECTS CARRIED OUT WITH PUBLIC INSTITUTIONS AND ORGANIZATIONS:

36.1. A copy of the protocol and the project regarding joint projects carried out with public institutions and organizations on matters related to the association’s field of activity is attached to the “Project Notification” (shown in Annex-23 of the Associations Regulation) and submitted to the governorship of the place where the association’s headquarters is located within one month following the date of the protocol.

 

ARTICLE 37. NOTIFICATION OF CHANGES:

37.1. By filling out the “Notification of Change of Domicile” (specified in Annex-24 of the Associations Regulation) regarding the change occurring in the domicile of the association,

37.2. By filling out the “Notification of Change in Association Organs” (specified in Annex-25 of the Associations Regulation) regarding the changes occurring in the association organs outside of the general assembly meeting,

37.3. Amendments made to the association’s bylaws are also notified to the local administrative authority in the annex of the General Assembly Results notification in which the bylaw amendment was made, within thirty days following the amendment.

ARTICLE 38. NOTIFICATION OF THE DISSOLUTION OF THE ASSOCIATION:

38.1. The decision for the dissolution of the association is notified in writing to the highest local administrative authority of its location by the Board of Directors within seven days following the date of the General Assembly in which the decision was taken.
PART SIX
OTHER PROVISIONS

ARTICLE 39. BORROWING PROCEDURES OF THE ASSOCIATION:

39.1. The association may borrow by the decision of the board of directors, if needed, in order to realize its purpose and carry out its activities. This borrowing can be for the purchase of goods and services on credit, as well as in cash. However, this borrowing cannot be made in amounts that cannot be covered by the association’s income sources and in a nature that would put the association into payment difficulties.

 

ARTICLE 40. PUBLICATIONS OF THE ASSOCIATION:

40.1. The association makes informative publications for its members and the public through magazines, posters, brochures, advertisements, etc., on matters concerning the members and the public, provided that it complies with the relevant laws.

 

ARTICLE 41. HOW THE BYLAWS WILL BE AMENDED:

 

41.1. Amendments to the bylaws can be made by the decision of the general assembly.

41.2. In order to amend the bylaws at the general assembly, a 2/3 majority of the members entitled to attend the general assembly is required. In the event that the meeting is postponed due to a failure to achieve the majority, a majority is not sought at the second meeting. However, the number of members attending this meeting cannot be less than twice the total number of members of the board of directors and supervisory board.

41.3. The decision majority required for the amendment of the bylaws is 2/3 of the votes of the members attending the meeting and entitled to vote. Voting for the amendment of the bylaws at the general assembly is conducted openly.

ARTICLE 42. DISSOLUTION OF THE ASSOCIATION:

42.1. The general assembly may decide on the dissolution of the association at any time. In order to discuss the issue of dissolution at the general assembly, a 2/3 majority of the members entitled to attend the general assembly is required. In the event that the meeting is postponed due to a failure to achieve the majority, a majority is not sought at the second meeting. However, the number of members attending this meeting cannot be less than twice the total number of members of the board of directors and supervisory board.

42.2. The decision majority required for the dissolution decision is 2/3 of the votes of the members attending the meeting and entitled to vote. Voting for the dissolution decision at the general assembly is conducted openly.

ARTICLE 43. LIQUIDATION OF THE ASSETS OF THE ASSOCIATION:

43.1. When the dissolution decision is given by the general assembly, the liquidation of the money, property, and rights of the association is carried out by the liquidation board consisting of the last members of the board of directors. These procedures commence from the date the general assembly decision regarding the dissolution is taken or the date the state of spontaneous termination becomes definitive. During the liquidation period, the phrase “Magistral Pharmacists Association in Liquidation” is used in the name of the association in all transactions.

43.2. The liquidation board is tasked and authorized to complete the liquidation procedures of the money, property, and rights of the association from beginning to end in accordance with the legislation. This board first examines the accounts of the association. During the examination, the books, receipts, expenditure documents, title deed and bank records, and other documents belonging to the association are identified, and its assets and liabilities are recorded in a report. During the liquidation process, a call is made to the creditors of the association, and its properties, if any, are converted into cash and paid to the creditors. In case the association has receivables, they are collected. All money, property, and rights remaining after the collection of receivables and the payment of debts are transferred to the Turkish Pharmacists’ Association.

43.3. All transactions regarding the liquidation are shown in the liquidation report, and the liquidation procedures are completed within three months, excluding any additional time granted by the local administrative authorities based on a justified reason. Following the completion of the liquidation and transfer procedures of the association’s money, property, and rights, it is mandatory for the liquidation board to notify the situation in writing to the local administrative authority of the place where the association’s headquarters is located within seven days, and to attach the liquidation report to this letter.

43.4. The last members of the board of directors, in their capacity as the liquidation board, are responsible for keeping the books and documents of the association. This duty may also be assigned to a single member of the board of directors. The retention period for these books and documents is five years.

ARTICLE 44. ESTABLISHMENT OF THE BRANCHES OF THE ASSOCIATION:

44.1. The association may open branches in places deemed necessary by the decision of the General Assembly. For this purpose, a founders’ board consisting of at least three persons authorized by the Association’s Board of Directors submits the branch establishment notification specified in the Associations Regulation and the required documents to the highest local administrative authority of the place where the branch will be opened.

44.2. Branches are internal organizations of the Association that do not have legal personality, are tasked and authorized to engage in autonomous activities in line with the purposes and service areas of the Association, and are themselves responsible for the receivables and debts arising from all of their transactions.

44.3. The organs of the branch are the General Assembly, the board of directors, and the supervisory board.

The General Assembly consists of the registered members of the branch. The Board of Directors is elected by the Branch General Assembly as five principal and five substitute members, and the Supervisory Board as three principal and three substitute members.

The duties and powers of these organs, as well as other provisions related to the Association contained in these bylaws, shall also apply to the branch within the framework stipulated by the legislation.

44.4. Branches must conclude their Ordinary General Assembly Meetings at least two months before the Headquarters Meeting.

The Ordinary General Assembly of the branches convenes once every 3 years in SEPTEMBER, on the day, at the place, and time to be determined by the branch board of directors. Branches are obliged to submit a copy of the General Assembly Result Notification to the Local Administrative Authority and the Association Headquarters within thirty days following the date the meeting was held.
Branches have the right to attend the Headquarters General Assembly with the direct participation of all members if the number of branches is up to three; however, if the number of branches is more than three, they participate through delegates elected at the branch general assembly, with one (1) delegate for every twenty (20) registered members in the branch, and an additional delegate if the remaining number of members is more than 10. The delegates elected at the latest branch general assembly attend the Headquarters general assembly. The members of the headquarters Board of Directors and Supervisory Board attend the headquarters general assembly, but they cannot vote unless they are elected as delegates on behalf of a branch.

Those serving on the board of directors or supervisory board of the branches leave their duties at the branch when they are elected to the headquarters’ board of directors or supervisory board.

44.5. The association may open representative offices in places it deems necessary to carry out the association’s activities by the decision of the board of directors. The address of the representative office is notified in writing to the local administrative authority of that place by the person or persons appointed as representatives by the decision of the board of directors. The representative office is not represented at the general assembly of the association. Branches cannot open representative offices.

 

ARTICLE 45. LACK OF PROVISIONS:

45.1. In matters not specified in these bylaws, the provisions of the Law on Associations, the Turkish Civil Code, the Associations Regulation issued in reference to these laws, and other relevant legislation concerning associations shall apply.

These bylaws consist of 45 (forty-five) articles.

FOUNDERS

Ahmet Nezihi PEKCAN Erdal BALIK Erol Eli SİMSOLO

Hale Feyza BÜYÜKHELVACIGİL

 

 

 

Hasan KARAHANLI Nedim ŞEN Somer HELVACI